The prosecution called seven (7) witnesses and tendered three (3) exhibits in support of the indictment. The accused testified as the lone witness in his defence and tendered one exhibit. The prosecution‟s case is that on or about the 1st day of November 2011, PW4 over heard the prosecutrix telling the accused to leave her. This was in the accused person‟s room. PW5 entered the room where she met the accused on the prosecutrix. She alerted other neighbors. The accused then ran out into the toilet. She observed the child and found some slippery water on her. The child was later examined at the RVTH and exhibit “B” issued. The accused was later arrested and statements recorded from him. These statements were received in evidence as exhibits „A‟ and “C‟. The accused denied the allegations both in his statements to the police and in his evidence before this court. In his defence the accused stated that while doing some laundry that day, he needed to get some more soap and so sent the prosecutrix to get the soap for him. As the prosecutrix was returning from the shop she fell onto the ground and he assisted to lift her up. PW4 then came to the scene and raised concerns. In his cautionary statement he said he went into the room to get some money for the soap without noticing that the prosecutrix was behind him. When he turned he mistakenly pushed the prosecutrix to the ground. PW4 came in when he was assisting the prosecutrix to get up. Under section 121 of the Criminal Code, the essential elements of rape which have to be proved beyond reasonable doubt are: 2

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